Sanjay Singare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1544 of 2019 • Sanjay Singare S/o Sudarshan Singare Aged About 22 Years R/o Supela, Thana City Kotwali, Baloda Bazar, District Baloda Bazar Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Berla, District Bemetara Chhattisgarh ......Non Applicant For the Applicant :

Shri Samir Singh, Advocate For Non Applicant :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.

03.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.403/2018 registered at Police Station- Berla, District- Bemetara (C.G.) for the offence punishable under Sections 363, 366(A) of Indian Penal Code and under Sections 8 & 12 of Protection of Children from Sexual Offences Act, 2012.

3.

Case of the prosecution, in brief is that on 21.12.2018 prosecutrix was more than 17 years of age. She is resident of village Berla. She and applicant liked each other. On 21.12.2018 he took her by enticing on pretext of the marriage. They performed marriage in Banjari temple. He never committed sexual intercourse with her.

4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicant. 6.

Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court, he shall be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Parul